Post-accident testing is one of the most misunderstood corners of the DOT rules. Not every accident triggers a test. Under 49 CFR 382.303 the rule applies to an occurrence involving a commercial motor vehicle on a public road in commerce, and it has two branches. If the accident involved a fatality, every surviving driver who was performing safety-sensitive functions is tested, citation or not. If it involved bodily injury with immediate medical treatment away from the scene, or disabling damage that required a vehicle to be towed, a driver is tested only if the driver receives a citation for a moving traffic violation arising from the accident within eight hours (alcohol) or thirty-two hours (drugs). The clocks then run: an alcohol test attempted within two hours, with a written record if not, and attempts stopped at eight hours; drug-test attempts stopped at thirty-two hours. Boarding or alighting from a stationary vehicle and loading or unloading cargo are not accidents for this purpose. The time to understand the decision tree is before an accident, not in the hour after one.
The short version
- A fatality requires a test outright; the injury and tow-away triggers also require a moving-violation citation (49 CFR 382.303(a) and (b))
- Alcohol: attempt within two hours, record the reason if not, stop at eight hours. Drugs: stop at thirty-two hours. Keep the record either way (49 CFR 382.303(d))
- The driver must remain readily available for testing, but nothing delays medical care (49 CFR 382.303(e))
- Give drivers post-accident instructions before they ever operate a vehicle; the rule requires it (49 CFR 382.303(f))
- A test by law enforcement with independent authority can satisfy the requirement if you obtain the result (49 CFR 382.303(g))
- The determination is the employer's; a service agent may coordinate the collection but may not make the decision (49 CFR 40.355(g))
- Company policy can call for non-DOT post-incident testing where the federal rule does not apply